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HomeMy WebLinkAbout2006-032 Vehicle Impound Requirements; YMC Repeal 9.48, Addition 9.47 74 ORDINANCE NO 2006 - 32 AN ORDINANCE relating to vehicle impounds, repealing Chapter 9 48, adding Chapter 9 47 as a new chapter that reorganizes Chapter 9 48 for efficiency and ease of use, establishing filing requirements so that hearings are held in Yakima Municipal Court; changing notice of unauthorized vehicle impound requirements, and updating to reflect changes in the law BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. Section 1 Chapter 9 48 of the City of Yakima Municipal Code is repealed Section 2. Chapter 9 47 is added to the City of Yakima Municipal Code, to read as follows CHAPTER 9.47 VEHICLE IMPOUNDS Sections. 9.47 010 Definitions. 9 47 020 Tow truck operators. 9.47 030 Junk vehicle. 9 47 040 Unauthorized vehicle. 9.47 050 Storage, return requirments — Authority to view impounded vehicle. 9.47 060 Criminal storage and retention of vehicle hulks on private property 9.47 070 Abandoned vehicle. 9.47 080 General administrative, interpretive authority 9.47 090 Construal, severability — Nonwaiver —No rights created. 9 47.010 Definitions. The definitions set forth in this section apply throughout this chapter A. "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operator's possession for one hundred twenty consecutive hours B "Abandoned vehicle report" means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned C "Department" means the Washington State Department of Licensing D "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel E "Impound" means to take and hold a vehicle in legal custody There are two types of impounds, public and private. (1) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located (2) "Private impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located F "Junk vehicle" means a motor vehicle certified by the chief of police or his designee as meeting at least three of the following requirements (1) Is three years or older; (2) Is extensively damaged, such damage including, but not limited to, any of the following a broken window or windshield, or missing wheels, tires, motor, or transmission, (3) Is apparently inoperable, (4) Has a fair market value equal only to the value of the scrap in it. G "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles H "Residential property" means property that has no more than four living units located on it. I "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the state patrol J "Unauthorized vehicle" means a vehicle, motor home as defined in RCW 46 04 305, camper as defined in RCW 46 04 085 or trailer as defined in RCW 46 04 620 which is parked or left standing for the indicated period of time There are two types of unauthorized vehicles, public and private (1) Public locations. a. A vehicle is an unauthorized vehicle immediately when (i) the vehicle is impeding the flow of traffic or entry or exit into any driveway, including access to City of Yakima property; or (ii) a vehicle poses an immediate danger to public safety including but not limited to danger arising from a mechanical defect(s), or (iii) a law enforcement officer has probable cause to believe that the vehicle is stolen, or (iv) a law enforcement officer has contact with a vehicle operator on public property or highway for purposes of arrest, placement into custody, investigatory stop, accident scene investigation, or voluntary contact by the operator, and the officer observes that the operator is physically or mentally incapable of deciding or refuses to decide upon steps to be taken to protect the vehicle and its contents, or (v) a vehicle is left unattended on a highway and it's impeding construction, maintenance or repair of the highway, in violation of a temporary sign or barricade prohibiting parking on or entry into the highway, or a portion thereof, when the sign or barricade has been placed under the direction of the City of Yakima Director of Public Works, or his designee, to facilitate construction, repair or maintenance of the public highway and when the sign or barricade notifies that vehicles parked or left unattended in violation thereof are subject to impound by inclusion of the words "subject to impound," "tow away zone," or words of similar import; or (vi) a vehicle is left unattended in violation of Section 9 50 060 of this code and the vehicle is impeding street cleaning, (vii) a vehicle is left unattended in a marked loading zone posted with a sign notifying that vehicles parked in violation thereof are subject to impound by the inclusion on the sign of the words "subject to impound," "tow away zone," or words of similar import; or (viii) a vehicle must be removed from a fire zone established in Section 9 50 240 of the City of Yakima Municipal Code, as determined by a commanding officer; or (ix) a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46 16 381 is parked in a stall or space clearly and conspicuously marked under RCW 46 61 581 which space is provided on private property without charge or on public property; or (x) the driver of a vehicle is arrested for a violation of RCW 46 61 502, 46 61 504, 46 20 342 or 46 20 345, or (xi) a law enforcement officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46 61 560, the officer may provide for the removal of vehicle or may require the driver or other person in charge of the vehicle to move the vehicle to a position of safety off the roadway; or (xii) a law enforcement officer finds a vehicle unattended upon a highway where the vehicle jeopardizes public safety, or (xiii) a law enforcement officer finds a vehicle unattended at the scene of an accident; or (xiv) the driver of a vehicle is arrested and taken into custody by a law enforcement officer; or (xv) upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46 20 005 or with a license that has been expired for ninety days or more, or (xvi) a law enforcement officer finds an unauthorized vehicle parked in violation of YMC 9 50 060(C) and /or YMC 9 50 050 (55), provided the location is posted with a sign notifying that vehicles parked during the dates and times specified therein are subject to immediate impound by the inclusion on the sign of the words "subject to impound," "tow away zone," or words of similar import; or (xvii) if in a publicly owned or controlled parking facility, properly posted under Section 9 47 040(D) of this chapter; or (xviii) constituting an accident or a traffic hazard b After twenty -four hours if on a highway not subject to section (a) above (2) Private locations a Immediately if on residential property b After twenty-four hours if on private, nonresidential property K. "Vehicle hulk" means the remnant or surplus of a motor vehicle which is inoperative and cannot be mechanically operated without addition to vital parts of mechanism and the application of a substantial amount of labor to effect repairs, or any wrecked, dismantled, or inoperative vehicle or any part thereof 9 47 020 Tow truck operators. A. Tow truck operator as agent of police chief The chief of police may appoint any tow truck operator engaged in removing and storing unauthorized vehicles and operation of an impoundment facility for such vehicles as agent of the chief of police for the purpose of impounding, holding and storing and disposing of unauthorized vehicles Each such appointment shall be contingent upon the submission of an application to the chief of police and the making of subsequent reports in such form and frequency as my be required by rule and regulation adopted by the chief of police, and upon the posting with the city clerk a surety bond in the amount of five thousand dollars, subject to approval as to form by the city attorney, to insure compliance with the provisions and requirements of this chapter and conditioned to compensate the owner of any vehicle which may be unlawfully sold as the result of any negligence or misconduct of the tow truck operator Any such appointment may immediately be cancelled by the chief of police upon the determination that the appointed tow truck operator is not complying with all laws, rules and regulations relative to the handling and disposition of vehicles B Eligibility for municipal referrals— Assurance — Revocation In addition to requirements imposed pursuant to RCW Chapter 46 55 and this chapter, registered tow truck operators shall, pursuant to Section 9 47 020(A) of this chapter, as a condition of appointment for municipal impound referrals, list the city of Yakima as an additional insured upon any insurance coverage obtained in fulfillment of RCW 46 55 030(3)(b) C Vehicle transaction file The registered tow truck operator shall keep a transaction file on each vehicle The transaction file shall contain, as a minimum, those of the following items that are required at the time the vehicle is redeemed or becomes abandoned and is sold at a public auction (1) A signed impoundment authorization as required by Section 9 47 040(E) (2) A record of the twenty -four hour written impound notice to a law enforcement agency; (3) A copy of the impoundment notification to registered and legal owners, sent within twenty -four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty -four hour telephone number, and the name of the person or agency under whose authority the vehicle was impounded, (4) A copy of the abandoned vehicle report that was sent to and returned by the department; (5) A copy and proof of mailing of the notice of custody and sale sent by the registered tow truck operator to the owners advising them they have fifteen days from the date of issuance, reflected in the notice, to redeem the vehicle before it is sold at public auction, (6) A copy of the published notice of public auction, (7) A copy of the affidavit of sale showing the sale date, purchaser, amount of the lien and sale price, (8) A record of the two highest bid offers on the vehicle, (9) A copy of the notice of opportunity for hearing given to those who redeem vehicles, and (10) An itemized invoice of charges against the vehicle The transaction file shall be kept for a minimum of three years 9 47 030 Junk vehicle. A. Declaration of Nuisance — Authority for Abatement. The storage, retention, or presence of any junk vehicle declared to constitute a public nuisance subject to abatement by removal and impoundment as hereinafter provided The costs of such removal and impoundment may be assessed against the last registered owner of the junk vehicle if the identity of such owner can be determined, unless such owner in the transfer of ownership of the junk vehicle has complied with the provisions of RCW 46.12.101, or such costs may be assessed against the owner of the non -city -owned property on which the junk vehicle is stored and, if so assessed, constitute a lien thereon. B Notice of Intent to Abate Before the removal and impoundment of any such junk vehicle, the Code Administration and Planning Manager shall cause written notice to be given substantially in the form hereinafter provided to the last registered owner of record of the junk vehicle, unless the vehicle is in such condition that identification numbers are not available, or to such other current owner as may be determined by the Code Administration and Planning Manager from the information available, and to the property owner as shown on the last equalized assessment roll upon whose property the junk vehicle is located that a public hearing may be requested before the municipal court, and that if no hearing is requested the vehicle hulk will be removed and impounded and costs assessed in accordance with this section This notice shall also be affixed to the junk vehicle Such notice shall be in substantially the following form NOTICE OF INTENTION TO ABATE NUISANCE City of Yakima (Date of Mailing) vs and NOTICE IS HEREBY GIVEN that the presence, storage, or retention of a junk vehicle described a follows (Description of junk vehicle) at (Location where funk vehicle is found) constitutes a public nuisance in violation of the laws of the City of Yakima and the City intends to remove and abate said nuisance You are hereby advised that a public hearing before the municipal court of Yakima may be had on the issues of impoundment and liability for the costs therefore Recipients of this notice have fifteen days from the above mailing date to request a public hearing before the municipal court by filing such a request with the clerk of the municipal court of Yakima. This hearing is NOT automatic and if no request for a hearing is received by the clerk of the municipal court of Yakima either by letter or in person within the time specified above, the junk vehicle will be removed, and liability for costs of abatement or impound will be assessed against one or both of the above named individuals in accordance with Section 9 47 030(A) of the City of Yakima Municipal Code. Alternately, if you believe the junk vehicle in question is of value, it may be covered or screened from view in accordance with 9 47 030(G)(1) In order to take advantage of this option, the junk vehicle must be completely covered or screened from view and you must arrange a follow -up inspection by contacting the office of the Code Administration and Planning Manager within ten days of this notice Code Administration and Planning Manager for the City of Yakima C Request for Hearing A person to whom such notice is given may obtain a hearing before the municipal court of Yakima on the issue of the removal and impoundment of the junk vehicle as a public nuisance, and on the issue of liability for costs of abatement, by making a request in writing, within fifteen days from the mailing date of the notice set forth in subsection B above, to the clerk of the municipal court of Yakima for such hearing If such a request is made in a timely manner, the clerk of the municipal court of Yakima shall mail by certified mail with a five -day return requested, to the owner of the real property as shown on the last equalized assessment roll and to the last registered and legal owner of record of the junk vehicle, unless the junk vehicle is in such condition that identification numbers are not available to determine ownership, a notice giving the time, location and date of the hearing by the municipal court of Yakima Said hearing shall be scheduled to be held not less than ten days nor more than thirty days following the receipt of the request for such hearing D Hearing by Municipal Court of Yakima. The applicant for hearing may appear in person at such hearing, or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of such vehicle or parts on the land, with the reasons for such denial If it is determined at the hearing that the junk vehicle was placed on the land without the consent of the land owners, and that the land owners have not subsequently intentionally acquiesced to its presence, then the municipal court shall not assess costs of abatement against the real property upon which the junk vehicle is located or otherwise attempt to collect such costs from said land owner In conducting such hearing, the judge or commissioner of the municipal court of Yakima shall act as an administrative hearings officer Appeal from the decision of the municipal court shall be to the Yakima County District Court pursuant to RCW 46 55 240 E. Impoundment and Disposal After notice has been given of the intent of the city to remove and impound the junk vehicle, and after a hearing has been held, if requested, the junk vehicle shall be removed and impounded at the direction of the chief of the Yakima police department, and shall be disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the department that the junk vehicle has been wrecked. The city may operate such a disposal site when the city council determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of the junk vehicle to another governmental body, provided such disposal shall be only as scrap F Lien for Abatement Costs Within thirty days after the removal and impoundment of a junk vehicle from non - city-owned property, the city may file for record with the Yakima County Auditor a claim for lien for the cost of removal which shall be in substance in accordance with provisions covering mechanic's liens in RCW Chapter 60 04, and said lien shall be foreclosed in the same manner as provided by law for foreclosure of mechanic's liens. G Exemption to Certain Owners. This section shall not apply to any junk vehicle kept on private property (1) Where the junk vehicle is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; (2) Where the junk vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and such property is fenced according to the provisions of RCW 46 80 130 (3) Where the vehicle is currently registered and displays a current and valid license plate and tabs, or (4) Where the junk vehicle is completely covered or screened from view from the public right -of -way or any other public property 9 47.040 Unauthorized vehicle. A. Immediate Public Impound Unauthorized vehicles pursuant to Section 9 47 010(J)(1)(a) may be immediately impounded by a registered tow truck operator at the direction of a law enforcement officer A public works department employee under written designation by the public works director may authorize impoundment of vehicles pursuant to Section 9 47 010(J)(1)(a)(i), (v) or (vi) in accord with procedures of this chapter or other applicable code sections. B Public Impound after Forty -Eight Hours. Unauthorized vehicles pursuant to Section 9 47 010(J)(1)(a)(ii) may be impounded when the vehicle has remained substantially in that same location for an additional forty-eight hours after notice is given by a law enforcement officer pursuant to subsections (1) and (2) as follows: (1) The law enforcement officer shall securely attach to and conspicuously display on the vehicle a notification sticker The chief of police or an authorized designee shall design the sticker in compliance with RCW 46 55 085 (2) If the vehicle has current registration plates, the officer shall check the records to learn the identity of the last owner of record and the officer or the agency shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker C Immediate Private Impound Unauthorized vehicles pursuant to Section 9 47 010(J)(2) may be immediately impounded by a registered tow truck operator at the direction of the property owner or his agent. A law enforcement officer may also direct the impoundment pursuant to a writ or court order D Posting Requirements— Exception No person may impound, tow, or otherwise disturb any unauthorized vehicle standing in nonresidential private property or in a public parking facility for less than twenty -four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates. (1) The times a vehicle may be impounded as an unauthorized vehicle, (2) The name, telephone number and address of the towing firm where the vehicle may be redeemed, and (3) Such signs shall be of a type, size and placed so as to conform with department rules and regulations. E Signed Authorization The person requesting a private impound or the law enforcement officer or the public official requesting a public impound shall provide a signed authorization for the impound at the time and place of the impound to the registered tow truck operator before the operator may proceed with the impound A registered tow truck operator may not serve as an agent of a property owner for the purposes of signing an impound authorization. F Other Violations. A law enforcement officer may authorize impoundment of vehicles on public or private property for other violations, in accord with the procedures of this chapter or other applicable code sections. G Notice of Impound The impounding towing operator, shall notify the legal and registered owners of the impoundment of the vehicle as shown on department records The notification shall be sent by first -class mail within twenty -four hours after the impoundment to the last known registered and legal owners of the vehicle, the addresses of whom shall be provided by the chief of police or an authorized designee The notification shall include the name of the impounding tow firm, its address and telephone number, the location and time of the impound, and by whose authority the vehicle was impounded The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to Section 9 47 040(H), (I), (J) and (K) H. Redemption. Vehicles may be redeemed from such operator only under the following circumstances (1) Impounded vehicle may be redeemed by only a A legal owner; or b The registered owner; or c. A person authorized in writing by the registered owner or the vehicle's insurer; or d One who has purchased the vehicle from the registered owner and who produces proof of ownership or written authorization, and who signs a receipt acknowledging delivery of the vehicle, provided, that a person redeeming a vehicle pursuant to subsection (1)(b), (c) or (d) of this subsection shall sign an agreement in the following form RECEIPT /HOLD HARMLESS AGREEMENT I claim a present right of possession as (circle one) (registered owner) (person authorized in writing by the registered owner) (person authorized in writing by the vehicle's insurer) (one who has purchased the vehicle from the registered owner) in (vehicle make, model, year, license number, and motor number) and, I acknowledge receipt of this vehicle from tow truck operator- business name I understand that by allowing me to redeem this vehicle the City may be subject to liability for damages to the legal owner I agree to defend, indemnify, and hold harmless the City of Yakima, its officers, agents, and employees against all claims of liability involving release of the vehicle to me Date of signature Signature (Address) Witness. (2) No vehicles impounded pursuant to Section 9 47 010(J)(1)(a)(i) -(xvi) of this chapter shall be released without written authorization for release by the chief of police or and authorized designee (3) The vehicle shall be released upon conditions stated herein, including the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle (4) In accord with RCW 46 55 120(1)(e), any person who stops payment on a personal check, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees I. Hearings. The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, and a copy of the towing and storage invoice. The notice shall further reflect that the written hearing request must be received by the City of Yakima Municipal Court within ten days of date of issuance, that the consequence of failing to request a hearing is waiver of that right and the registered owner's liability for all towing, storage and related costs and that the party requesting the hearing may be found liable for said costs. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided and the date it was provided (1) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in Yakima County Municipal Court to contest the validity of the impoundment or the amount of towing and storage charges. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the court within ten calendar days of the date the notice was provided for in subsection (I) of this section If the hearing request is not received by the court within the ten -day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment. (2) The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the city attorney in the event of public impound, the registered and legal owners of the motor vehicle, and the person or agency authorizing the impound in writing of the hearing date, time and place (3) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper (4) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees (5) If the impoundment is found proper, the impoundment, towing and storage fees as permitted under this chapter together with court costs of $40 00 shall be assessed against the person or persons requesting the hearing, registered owner or other responsible party unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent. In that case, or for just cause, the operator forfeits towing and storage fees. (6) If the impoundment is determined to be invalid, then the registered and legal owners of the vehicle shall bear no impoundment, towing, or storage fees, and any bond or other security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment, or other responsible party, shall be liable for any towing, storage, or other fees permitted under this chapter, unless fees are adjudged forfeited or ordered paid by another (7) The city shall have no obligation to pay any impoundment, storage, penalty, or other charges incurred where the registered tow truck operator fails to give proper notices, furnish forms, maintain records, or furnish, without charge, proper documentation of the same when required in any hearing to determine liability, or where the towing company otherwise violates the provisions of this chapter (8) The court may assess, allocate, or deny fees in whole or part against any party or may impose conditions on payment. J Promissory Note In the event a legal or registered owner requests a hearing under the terms of this section, the impounded vehicle shall be released to such owner without charge, provided, that such owner requests such release and executes a promissory note to the city of Yakima sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding or storing any motor vehicle plus a penalty for failure to make timely payment. Such promissory note shall be in substantially the following form. VEHICLE IMPOUNDMENT PROMISSORY NOTE 1 promise to pay to the City of Yakima, at its police department offices at 200 South Third Street, Yakima, Washington, the sum of (total amount of all towing, impoundment, storage and related fees) within thirty days of the date set by the Yakima Municipal Court for the impounded vehicle hearing which I have requested concerning the impoundment of the following described motor vehicle (Vehicle make, model, year, license number) 1 further promise to pay the City of Yakima at its police department office the additional penalty amount of three hundred dollars in the event that I fail to pay the amount listed in the preceding paragraph when due Notice of default and demand are hereby waived In the event court action is necessary to collect this note the City of Yakima shall be entitled to court costs and reasonable attorney fees Signature Address Telephone Number Name and Address of Employer Driver's License Number In the event the signator of a vehicle impoundment promissory note shall appear at a hearing and pay immediately any judgment rendered against him, such promissory note shall be deemed cancelled K. Sale. Any impounded abandoned vehicle not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46 55 110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46 55 130 A vehicle may be redeemed any time before the start of the auction upon payment of towing, storage and the related fees. 9 47.050 Storage, return requirments — Authority to view impounded vehicle. A. All vehicles which are impounded shall be taken to the tow truck operator's nearest storage location that has been inspected and is listed on the application filed with the department B. All vehicles shall be handled and returned in substantially the same condition as they existed before being towed C All personal belongings and contents in the vehicle shall be kept intact, and shall be returned to the vehicle's owner, agent, or other lawful redemptor during normal business hours upon request and presentation of a driver's license or other sufficient identification; provided, that reasonable care shall be taken by the towing operator to return said property to its rightful owner Personal belongings shall not be sold at auction to fulfill a lien against the vehicle D All personal belongings not claimed before the auction shall be turned over to the chief of police or his designee. Such personal belongings shall be disposed of pursuant to RCW Chapter 63 32. E. Tow truck drivers shall have a Washington State driver's license endorsed for the appropriate classification under RCW 46 25 or the equivalent issued by another state. F Any person who shows proof of ownership or written authorization from the impounded vehicle's registered or legal owner or the vehicle's insurer may view the vehicle without charge during normal business hours. 9.47 060 Criminal storage and retention of vehicle hulks on private property A. It is unlawful for the owner or occupier of private property after forty-eight hours notice as provided in subsection (B) of this section to store or retain a vehicle hulk on such property which vehicle hulk is not completely enclosed within a building or otherwise lawfully screened or fenced so that it is not visible from other public or private property Any person convicted of this offense shall be fined no more than two hundred fifty dollars Each day that any person continues to violate this section shall constitute a separate offense It shall not be a defense to this charge that the owner or occupier of private property has been required to abate the vehicle hulk in question pursuant to the provisions of this chapter B As a prerequisite to commencing a criminal action under subsection (A) of this section, the owner or occupier of private property, upon which the vehicle hulk is located, shall be personally served with a notice from the chief of police or his designee which shall read substantially as follows. VEHICLE HULK NOTICE TO (full name of owner or occupier of property) RE (vehicle hulk description) Pursuant to Section 9 47 060 of the City of Yakima Municipal Code, a copy of which is attached, you are hereby requested to remove the vehicle hulk described above from (location by street address) Yakima, within forty -eight hours of receiving this notice You may also comply with Section 9 47 060 of the City of Yakima Municipal Code by moving the above referenced vehicle hulk to a building which completely encloses it so that such vehicle hulk is not visible from other private or public property You may be charged with a criminal law violation of Section 9 47 060 of the City of Yakima Municipal Code if you fail to comply with this notice Dated By 9.47.070 Abandoned vehicle. A. At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to the chief of police or his designee, who shall maintain a log of such reports, unless the impoundment was requested by the police department. Within twenty -four hours of the initial notice of impoundment the registered tow truck operator shall give written notice of such impound to the chief of police or his designee B The operator shall immediately send an abandoned vehicle report to the department for any vehicle in the operator's possession after the ninety -six hour abandonment period Such report need not be sent when the impoundment is pursuant to a writ, court order, or police hold The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that the writ, court order, or police hold is no longer in effect. Following the submittal of an abandoned vehicle report, the department shall provide the registered tow truck operator with owner information within seventy -two hours. C An abandoned vehicle may be sold pursuant to Section 9 47 040(K) D Within fifteen days of the sale of an abandoned vehicle at a public auction, the operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned vehicle to the crime information center of the Washington State Patrol. E. If the operator sends an abandoned vehicle report to the department and the department finds no owner information, an operator may proceed with an inspection of the vehicle to determine whether owner identification is within the vehicle 9.47 080 General administrative, interpretive authority The chief of police has general administrative and interpretive authority to carry out the provisions of this chapter and sections affected thereby He may interpret provisions in case of doubt, conflict, or ambiguity 9 47.090 Construal, severability — Nonwaiver —No rights created. A. This chapter shall be construed, where required by statutory pre - emption, consistent with state law and any other lawful requirement. B If any provision of this chapter or other provisions of the City of Yakima Municipal Code affected hereby, or their application to any person or circumstance is held invalid, the remainder of the provisions, or application of the provision to other persons or circumstances is not affected C Failure of any city official to enforce any right or perform any act referenced herein in any one circumstance or in any individual case is no waiver of the right to do so in any other circumstance or case D No provision of this chapter or sections affected thereby shall be deemed to create any duty on the part of any city official to any particular individual or entity Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter ADOPTED BY THE CITY COUNCIL this 18th day of ul , 2006 f/ f --- Dave er, Mayor ATTEST Ah Q .2 City Clerk Publication Date 7 -21 -2006 Effective Date 8 -20 -2006 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 4 ,.LS -r For Meeting of July 18, 2006 ITEM TITLE. Consideration of an Ordinance relating to vehicle impounds, repealing Chapter 9 48; adding Chapter 9 47 as a new chapter that reorganizes Chapter 9 48 for efficiency and ease of use, establishing filing requirements so that hearings are held in Yakima Municipal Court; changing notice of unauthorized vehicle impound requirements, and updating to reflect changes in the law SUBMITTED BY Chief Sam Granato Captain Rod Light CONTACT PERSON/TELEPHONE. Chief Granato, 575 -6211 Captain Rod Light, 576 -6393 Assistant City Attorney Bronson Faul, 575 -6033 SUMMARY EXPLANATION The City of Yakima currently is governed by Chapter 9 48 of the Yakima Municipal Code in regards to vehicle impounds. The current Ordinance refers to unauthorized nuisance vehicles, which requires a 15 -day waiting period prior to being impounded The proposed change in the language now will reference these vehicles as "Unauthorized Vehicles" and will allow law enforcement to have the vehicle impounded after 48 hours of the notice. Chapter 9 47 designates that challenges to the impound previously filed in Yakima District Court will now be filed in our Municipal Court. The new ordinance is also updated to reflect recent changes in the law This provision is not expected to have any additional economic impact on the city Resolution Ordinance X Contract _ Other (Specify) Funding Source APPROVED FOR SUBMITTAL. \1— ,t� City Manager er 9 STAFF RECOMMENDATION It is recommended that the Council adopt the changes being proposed. BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2006-32